Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP20306665.9, filed on 12/22/2020.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 11, and 13-14 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention. The instant invention is anticipated by Ungerer et al. (US5536474A).
Regarding Claim 1, Ungerer et al. teaches a subsampling system of a monophasic fluid for the preparation of a gaseous subsample (See the Abstract and the claim(s) 1-8 in [Col. 1 lines 65-67]-[Col. 8 lines 1-15] in Fig. 1-5), said subsampling system (See in Fig. 2) comprising:
a first inlet valve (See the valves V1,V2, i.e. first inlet valves, that are connected to the balancing cells C1,C2 in [Col. 4 lines 54-67]-[Col. 5 lines 1-51] in Fig. 1-5), an expandable cell (See the separating bottle 39, i.e. an expandable cell, in [Col. 6 lines 18-25] in Fig. 5), a second valve (See the valves V3,V7, i.e. second valves, in [Col. 6 lines 18-67]-[Col. 7 lines 1-4] in Fig. 1-5), and an expansion cell (See the gasometer 38, i.e. an expansion cell, in [Col. 6 lines 1-67]-[Col. 7 lines 1-4] in Fig. 1-5);
said first inlet valve being arranged so as to receive the monophasic fluid, and to control a flow of the monophasic fluid to the expandable cell (See how the valves V1,V2, i.e. first inlet valves, are connected to the balancing cells C1,C2 and connected to the separating bottle 39, i.e. an expandable cell in [Col. 4 lines 54-67]-[Col. 5 lines 1-51], [Col. 7 lines 5-16] in Fig. 1-5);
said expandable cell being thermoregulated, equipped with a pressure gauge and arranged to allow expansion of the monophasic fluid until forming a diphasic fluid at a known pressure, volume and temperature (See the thermostatically controlled enclosure 14 in [Col. 3 lines 55-67] in Fig. 2), said diphasic fluid comprising a gas phase and a liquid phase (See the mixed phases and the temperature and pressure controls in [Col. 6 lines 16-54] in Fig. 1-5);
said second valve being arranged so as to control a flow of the gas phase to the expansion cell (See how the valves V3,V7, i.e. second valves, can control the gas phase in [Col. 6 lines 18-67]-[Col. 7 lines 1-4] in Fig. 1-5);
said expansion cell being arranged so as to receive at least a part of the gas phase, said at least a part of the gas phase forming the gaseous subsample of the monophasic fluid (See how the gasometer 38, i.e. an expansion cell, comprises a chamber and actuator in [Col. 2 line s45-57], [Col. 6 lines 1-67]-[Col. 7 lines 1-4] in Fig. 1-5); and
the subsampling system being arranged to allow a measurement of a temperature inside the expandable cell (See how the separating bottle 39, i.e. an expandable cell, is kept at a very low temperature through immersion in liquid nitrogen, in order to promote the trapping of the condensable gases and of the liquids in the bottle in [Col. 6 lines 33-48] in Fig. 5; Also, see how the microcomputer is used for analysis in [Col. 4 lines 43-53], [Col. 6 lines 1-8] in Fig. 1-5; See in the control processor in [Col. 3 lines 1-5] in claim(s) 13-18).
Note what is discussed in MPEP § 2114 I-II. "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). The instant application recites the limitation “the subsampling system being arranged to allow a measurement of a temperature inside the expandable cell”, but fails to cover the structural components that execute said “measurement” (e.g. a thermometer, sensor circuit, or detector) or define how that the other apparatus components functionally or structurally relates to the "expandable cell".
Regarding Claim 11, Ungerer et al. teaches the system limitations of claim 1.
Ungerer et al. teaches a subsampling system of a monophasic fluid for the preparation of a gaseous subsample (See the Abstract and the claim(s) 1-8 in [Col. 1 lines 65-67]-[Col. 8 lines 1-15] in Fig. 1-5), wherein the expandable cell is equipped with a movable inner surface, said movable inner surface being arranged to increase or decrease a volume of the expandable cell (See the separating bottle 39, i.e. an expandable cell, in [Col. 6 lines 18-25] in Fig. 5; Also, see how the gasometer includes a chamber defined by a piston 40 having a volume modified through the action of control operated actuator 41 controlled by microcomputer MC so as to keep the inner volume of gasometer 38 at a pressure lower than or equal to a set value in [Col. 6 lines 1-48] in Fig. 5).
Regarding Claim 13, Ungerer et al. teaches a method of subsampling a monophasic fluid, for the preparation of a gaseous subsample using a subsampling system (See the Abstract and the claim(s) 1-8 in [Col. 1 lines 65-67]-[Col. 8 lines 1-15] in Fig. 1-5), comprising:
a first inlet valve (See the valves V1,V2, i.e. first inlet valves, that are connected to the balancing cells C1,C2 in [Col. 4 lines 54-67]-[Col. 5 lines 1-51] in Fig. 1-5), an expandable cell (See the separating bottle 39, i.e. an expandable cell, in [Col. 6 lines 18-25] in Fig. 5), a second valve (See the valves V3,V7, i.e. second valves, in [Col. 6 lines 18-67]-[Col. 7 lines 1-4] in Fig. 1-5), and an expansion cell (See the gasometer 38, i.e. an expansion cell, in [Col. 6 lines 1-67]-[Col. 7 lines 1-4] in Fig. 1-5), the subsampling system being arranged to allow a measurement of a temperature inside the expandable cell (See how the separating bottle 39, i.e. an expandable cell, is kept at a very low temperature through immersion in liquid nitrogen, in order to promote the trapping of the condensable gases and of the liquids in the bottle in [Col. 6 lines 33-48] in Fig. 5; Also, see how the microcomputer is used for analysis in [Col. 4 lines 43-53], [Col. 6 lines 1-8] in Fig. 1-5; See in the control processor in [Col. 3 lines 1-5] in claim(s) 13-18);
said subsampling method comprising:
- Connecting a monophasic fluid source to the subsampling system so that the first inlet valve of said subsampling system receives the monophasic fluid and controls monophasic fluid flow to the expandable cell(See how the valves V1,V2, i.e. first inlet valves, are connected to the balancing cells C1,C2 and connected to the separating bottle 39, i.e. an expandable cell in [Col. 4 lines 54-67]-[Col. 5 lines 1-51], [Col. 7 lines 5-16] in Fig. 1-5);
- Operating the first inlet valve so that the expandable cell receives, through the first inlet valve, at least a fraction of the monophasic fluid (See in in [Col. 4 lines 54-67]-[Col. 5 lines 1-51], [Col. 7 lines 5-16] in Fig. 1-5);
- Expanding the expandable cell, at a known pressure, volume and temperature, until the monophasic fluid is transformed into a diphasic fluid, said diphasic fluid comprising a gas phase and a liquid phase (See the thermostatically controlled enclosure 14 in [Col. 3 lines 55-67] in Fig. 2; Also, see the mixed phases and the temperature and pressure controls in [Col. 6 lines 16-54] in Fig. 1-5);
- Operating the second valve, said second valve controlling a gas phase flow to the expansion cell, so as to transfer only the gas phase from the expandable cell to the expansion cell (See how the valves V3,V7, i.e. second valves, can control the gas phase in [Col. 6 lines 18-67]-[Col. 7 lines 1-4] in Fig. 1-5; Also, see how the gasometer 38, i.e. an expansion cell, comprises a chamber and actuator in [Col. 2 line s45-57], [Col. 6 lines 1-67]-[Col. 7 lines 1-4] in Fig. 1-5); and
- Sampling at least a part of the gas phase comprised in the expansion cell to obtain the gaseous subsample(See how the microcomputer is used for analysis in [Col. 4 lines 43-53], [Col. 6 lines 1-8] in Fig. 1-5; See in the control processor in [Col. 3 lines 1-5] in claim(s) 13-18).
Regarding Claim 14, Ungerer et al. teaches the method limitations of claim 13.
Ungerer et al. further teaches a method of subsampling a monophasic fluid, for the preparation of a gaseous subsample using a subsampling system (See the Abstract and the claim(s) 1-8 in [Col. 1 lines 65-67]-[Col. 8 lines 1-15] in Fig. 1-5), wherein the gaseous subsample is brought to a pressure of less than 10 bars (See how the target pressure ranges between 0-150 mPa in [Col. 3 lines 28-35] in Fig. 1-5).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2-5, 9-10, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ungerer et al. (US5536474A) as applied to claim(s) 1, 3, and 13 above, and further in view of Giallorenzo et al. (US 6257070 B1).
Regarding Claim(s) 2-4, Ungerer et al. teaches the system limitations of claim 1.
Ungerer et al. further teaches a subsampling system of a monophasic fluid for the preparation of a gaseous subsample (See the Abstract and the claim(s) 1-8 in [Col. 1 lines 65-67]-[Col. 8 lines 1-15] in Fig. 1-5), comprising: a microprocessor and using thermodynamic properties to determine boiling point (See how the microcomputer is used for analysis in [Col. 4 lines 43-53], [Col. 6 lines 1-8] in Fig. 1-5; Also, see in the control processor in [Col. 3 lines 1-5] in claim(s) 13-18; See in [Col. 1 lines 20-30]). Ungerer et al. also teaches a thermostatically controlled enclosure 14 (See in [Col. 3 lines 55-67] in Fig. 2)
Ungerer et al. fails to explicitly teach a subsampling system of a monophasic fluid for the preparation of a gaseous subsample, wherein it is arranged to allow a measurement of the a pressure inside the expandable cell and to control the an inner volume and temperature of the expandable cell; further comprising a temperature controller, an electronic pressure monitor, and a volume controller, respectively configured to determine a temperature value, a pressure value and a volume value of the expandable cell when a bubble point occurs; wherein the whole subsampling system is thermoregulated.
However, in the analogous art of apparatuses and methods for determining real rime liquid and gas phase flow rates, Giallorenzo et al. teaches a subsampling system of a monophasic fluid for the preparation of a gaseous subsample (See the Abstract, the operation system 10, and claim(s) 11-12 in [Col. 2 lines 43-67]-[Col. 3 lines 1-29] in Fig. 1), wherein it is arranged to allow a measurement of the a pressure inside the expandable cell and to control the an inner volume and temperature of the expandable cell (See how the separator 12, i.e. an expandable cell, comprises a pressure sensor 22, temperature sensor 24, apparatus 26 for measuring density of liquid within separator 12 and an apparatus 28 for measuring the level of separated liquid phase within separator 12 in [Col. 2 lines 43-67]-[Col. 3 lines 1-29] in Fig. 1);
further comprising a temperature controller, an electronic pressure monitor, and a volume controller, respectively configured to determine a temperature value, a pressure value and a volume value of the expandable cell when a bubble point occurs (See the information collected by processor 44 in [Col. 2 lines 43-67]-[Col. 3 lines 1-29] in Fig. 1-3); wherein the whole subsampling system is thermoregulated (See the information collected by processor 44 and how the temperature sensors 24 can be used to regulate temperature within the system in [Col. 2 lines 43-67]-[Col. 3 lines 1-29] in Fig. 1-3).
Thus, it would be obvious to one with ordinary skills in the arts to modify the system of Ungerer et al. by incorporating various sensors to an expandable cell (as taught by Giallorenzo et al. for the benefit of controlling the pressure, volume, temperature, and bubble point within the expandable cell in a subsampling system.
Regarding Claim 5, The combination of Ungerer et al. and Giallorenzo et al teaches the system limitations of claim 4.
Ungerer et al. further teaches a subsampling system of a monophasic fluid for the preparation of a gaseous subsample (See the Abstract and the claim(s) 1-8 in [Col. 1 lines 65-67]-[Col. 8 lines 1-15] in Fig. 1-5), comprising: a three-way valve positioned to the before and to the right of the expandable cell (See how the connection element 34 functions as a three-way valve and is to the right of the gasometer 38, i.e. an expansion cell, in [Col. 5 lines 52-67]-[Col. 7 lines 1-4] in Fig. 5)
Ungerer et al. fails to explicitly teach a subsampling system of a monophasic fluid for the preparation of a gaseous subsample, comprising: a draining point, said three-way valve being connected to the draining point and positioned right before and/or right after the expandable cell.
However, in the analogous art of apparatuses and methods for determining real rime liquid and gas phase flow rates, Giallorenzo et al. teaches a subsampling system of a monophasic fluid for the preparation of a gaseous subsample (See the Abstract, the operation system 10, and claim(s) 11-12 in [Col. 2 lines 43-67]-[Col. 3 lines 1-29] in Fig. 1), comprising: a draining point, said valve being connected to the draining point and positioned right before and/or right after the expandable cell (See how the apparatus 30 for measuring water content of separated liquid exiting separator 12 through outlet 18, i.e. a draining point, in [Col. 2 lines 43-57] in Fig. 1; Also, see the dump control valve 36 in [Col. 3 lines 2-9], [Col. 3 lines 51-67] in Fig. 1).
Thus, it would be obvious to one with ordinary skills in the arts to modify the combined system of Ungerer et al. and Giallorenzo et al. by incorporating a draining point, and a three-way valve being connected to the draining point and positioned right before and/or right after the expandable cell (as taught by Giallorenzo et al.) for the benefit of controlling the removal of liquid within the expandable cell in a subsampling system.
Regarding Claim 9, The combination of Ungerer et al. and Giallorenzo et al teaches the system limitations of claim 3.
Ungerer et al. further teaches a subsampling system of a monophasic fluid for the preparation of a gaseous subsample (See the Abstract and the claim(s) 1-8 in [Col. 1 lines 65-67]-[Col. 8 lines 1-15] in Fig. 1-5), a thermostat-controlled enclosure (See the thermostat-controlled enclosure 14 and the temperature range of -100°C to 200°C in [Col. 3 lines 28-63] in Fig. 2).
Ungerer et al. fails to explicitly teach a subsampling system of a monophasic fluid for the preparation of a gaseous subsample, wherein the temperature controller is configured to maintain a temperature of 40°C to 60°C in the expandable cell.
However, in the analogous art of apparatuses and methods for determining real rime liquid and gas phase flow rates, Giallorenzo et al. teaches a subsampling system of a monophasic fluid for the preparation of a gaseous subsample (See the Abstract, the operation system 10, and claim(s) 11-12 in [Col. 2 lines 43-67]-[Col. 3 lines 1-29] in Fig. 1), wherein the temperature controller is configured to maintain a temperature of 40°C to 60°C in the expandable cell (See the information collected by processor 44 and how the temperature sensors 24 can be used to regulate temperature within the system in [Col. 2 lines 43-67]-[Col. 3 lines 1-29] in Fig. 1-3).
Thus, it would be obvious to one with ordinary skills in the arts to modify the combined system of Ungerer et al. and Giallorenzo et al. by incorporating a temperature controller that is configured to maintain a temperature of 40°C to 60°C in the expandable cell (as taught by Giallorenzo et al.) for the benefit of controlling the temperature and bubbling point of liquid within the expandable cell in a subsampling system.
Regarding Claim 10, The combination of Ungerer et al. and Giallorenzo et al teaches the system limitations of claim 3.
Ungerer et al. further teaches a subsampling system of a monophasic fluid for the preparation of a gaseous subsample (See the Abstract and the claim(s) 1-8 in [Col. 1 lines 65-67]-[Col. 8 lines 1-15] in Fig. 1-5), wherein the volume controller is further configured to increase or decrease a volume of the expandable cell (See the separating bottle 39, i.e. an expandable cell, in [Col. 6 lines 18-25] in Fig. 5; Also, see how the gasometer includes a chamber defined by a piston 40 having a volume modified through the action of control operated actuator 41 controlled by microcomputer MC so as to keep the inner volume of gasometer 38 at a pressure lower than or equal to a set value in [Col. 6 lines 1-48] in Fig. 5).
Regarding Claim 15, Ungerer et al. teaches the method limitations of claim 13.
Ungerer et al. further teaches a method of subsampling a monophasic fluid, for the preparation of a gaseous subsample using a subsampling system (See the Abstract and the claim(s) 1-8 in [Col. 1 lines 65-67]-[Col. 8 lines 1-15] in Fig. 1-5), comprising: an expandable cell (See the separating bottle 39, i.e. an expandable cell, in [Col. 6 lines 18-25] in Fig. 5), an expansion cell (See the gasometer 38, i.e. an expansion cell, in [Col. 6 lines 1-67]-[Col. 7 lines 1-4] in Fig. 1-5), and a vacuum pump (See in [Col. 2 lines 45-58], [Col. 6 lines 13-15], and in claim(s) 9-10).
Ungerer et al. fails to explicitly teach a method of subsampling a monophasic fluid, for the preparation of a gaseous subsample, wherein the subsampling system further includes a way, through a draining point, to remove the liquid part, pump only the expandable cell and recharge it with the monophasic fluid in order to cumulate the gas in the expansion cell.
However, in the analogous art of apparatuses and methods for determining real rime liquid and gas phase flow rates, Giallorenzo et al. teaches a method of subsampling a monophasic fluid, for the preparation of a gaseous subsample (See the Abstract, the operation system 10, and claim(s) 1-10 in [Col. 2 lines 43-67]-[Col. 3 lines 1-29] in Fig. 1), wherein the subsampling system further includes a way, through a draining point, to remove the liquid part, pump only the expandable cell and recharge it with the monophasic fluid in order to cumulate the gas in the expansion cell (See how the apparatus 30 for measuring water content of separated liquid exiting separator 12 through outlet 18, i.e. a draining point, in [Col. 2 lines 43-57] in Fig. 1; Also, see the dump control valve 36 in [Col. 3 lines 2-9], [Col. 3 lines 51-67] in Fig. 1).
Thus, it would be obvious to one with ordinary skills in the arts to the method of Ungerer et al. by incorporating a step wherein the subsampling system further includes a way, through a draining point, to remove the liquid part, pump only the expandable cell and recharge it with the monophasic fluid in order to cumulate the gas in the expansion cell (as taught by Giallorenzo et al.) for the benefit of controlling the removal of liquid within the expandable cell in a subsampling system.
Claim(s) 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ungerer et al. (US5536474A) as applied to claim(s) 1 and 13 above, and further in view of Kirchmann et al. (US20210379553A1).
Regarding Claim(s) 6-8, Ungerer et al. teaches the system limitations of claim 1.
Ungerer et al. further teaches a subsampling system of a monophasic fluid for the preparation of a gaseous subsample (See the Abstract and the claim(s) 1-8 in [Col. 1 lines 65-67]-[Col. 8 lines 1-15] in Fig. 1-5), comprising a target pressure selected from 1 to 10 bars (See the 0-150 mPa in [Col. 3 lines 28-35]).
Ungerer et al. fails to explicitly teach a subsampling system of a monophasic fluid for the preparation of a gaseous subsample, comprising a low-pressure section arranged to allow a gas pressure to reach a target pressure selected from 1 to 10 bars; at least one subsampling cells removably fixed to the subsampling system and arranged so as to collect at least a part of the gaseous subsample at a pressure between 1 bar and 10 bars; and wherein the low-pressure section comprises at least one subsampling cells removably fixed to the subsampling system and arranged so as to collect at least a part of the gaseous subsample at a pressure between 1 and 10 bars.
However, in the analogous art of devices and methods for examining reactions, Kirchmann et al. teaches a subsampling system of a monophasic fluid for the preparation of a gaseous subsample (See the Abstract and the claim(s) 1-8 in [0050]-[0081] in Fig. 1-5), comprising a low-pressure section arranged to allow a gas pressure to reach a target pressure selected from 1 to 10 bars (See how the pressure range between 1-10 bars in [0030] in Fig. 5);
at least one subsampling cells removably fixed to the subsampling system and arranged so as to collect at least a part of the gaseous subsample at a pressure between 1 bar and 10 bars; wherein the low-pressure section comprises at least one subsampling cells removably fixed to the subsampling system and arranged so as to collect at least a part of the gaseous subsample at a pressure between 1 and 10 bars (See the analysis units 21,61,65, i.e. subsampling cells in [0074]-[0081] in Fig. 1-5).
Thus, it would be obvious to one with ordinary skills in the arts to modify the system of Ungerer et al. by incorporating a low-pressure section arranged to allow a gas pressure to reach a target pressure selected from 1 to 10 bars; at least one subsampling cells removably fixed to the subsampling system and arranged so as to collect at least a part of the gaseous subsample at a pressure between 1 bar and 10 bars; and wherein the low-pressure section comprises at least one subsampling cells removably fixed to the subsampling system and arranged so as to collect at least a part of the gaseous subsample at a pressure between 1 and 10 bars (as taught by Kirchmann et al.) for the benefit of controlling the pressure and sample analysis between subsampling cells in a system.
Claim(s) 12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ungerer et al. (US5536474A) as applied to claim(s) 1 and 13 above, and further in view of Weres (US20100281950A1).
Regarding Claim 12, Ungerer et al. teaches the system limitations of claim 1.
Ungerer et al. teaches a subsampling system of a monophasic fluid for the preparation of a gaseous subsample (See the Abstract and the claim(s) 1-8 in [Col. 1 lines 65-67]-[Col. 8 lines 1-15] in Fig. 1-5), comprising an expandable cell (See the separating bottle 39, i.e. an expandable cell, in [Col. 6 lines 18-25] in Fig. 5) and an expansion cell (See the gasometer 38, i.e. an expansion cell, in [Col. 6 lines 1-67]-[Col. 7 lines 1-4] in Fig. 1-5).
Ungerer et al. fails to explicitly teach a subsampling system of a monophasic fluid for the preparation of a gaseous subsample, further comprising an observation cell, positioned between the expandable cell and the expansion cell.
However, in the analogous art of methods and apparatus for analysis of mixed streams, Weres teaches a subsampling system of a monophasic fluid for the preparation of a gaseous subsample (See the Abstract and claim 1 in [0016]-[0051] in Fig. 1-6), further comprising an observation cell, positioned between the expandable cell and the expansion cell (See how the gas stripping column 24, the liquid level sensing cell 46, the gas purge chamber 36, or other components can be transparent to monitor the system in [0023]-[0027], [0038]-[0039], [0062] in Fig. 1).
Thus, it would be obvious to one with ordinary skills in the arts to modify the system of Ungerer et al. by incorporating an observation cell, positioned between the expandable cell and the expansion cell (as taught by Weres) for the benefit of observing gas and liquid sample transportation and reactions in a system.
Note what is discussed in MPEP § 2144 VI. concerning the rearrangement of parts of a claimed invention in comparison to the prior art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). The current claimed arrangement of the observation cell, the expandable cell, and the expansion cell would render similar results as the centrifugal separation apparatus in the prior art.
Regarding Claim 16, Ungerer et al. teaches the method limitations of claim 13.
Ungerer et al. teaches aa method of subsampling a monophasic fluid, for the preparation of a gaseous subsample using a subsampling system (See the Abstract and the claim(s) 1-8 in [Col. 1 lines 65-67]-[Col. 8 lines 1-15] in Fig. 1-5), comprising an expandable cell (See the separating bottle 39, i.e. an expandable cell, in [Col. 6 lines 18-25] in Fig. 5), an expansion cell (See the gasometer 38, i.e. an expansion cell, in [Col. 6 lines 1-67]-[Col. 7 lines 1-4] in Fig. 1-5) having both a gas an liquid phase, and a second valve (See how the valves V3,V7, i.e. second valves, can control the gas phase in [Col. 6 lines 18-67]-[Col. 7 lines 1-4] in Fig. 1-5; Also, see how the microcomputer is used for analysis in [Col. 4 lines 43-53], [Col. 6 lines 1-8] in Fig. 1-5; See in the control processor in [Col. 3 lines 1-5] in claim(s) 13-18) ).
Ungerer et al. fails to explicitly teach a method of subsampling a monophasic fluid, for the preparation of a gaseous subsample, wherein the subsampling system comprises an observation cell, and the subsampling method also comprises a step of operating the second valve until a liquid is observed through the observation cell so as to transfer only the gas phase from the expandable cell to the expansion cell.
However, in the analogous art of methods and apparatus for analysis of mixed streams, Weres teaches a subsampling system of a monophasic fluid for the preparation of a gaseous subsample (See the Abstract and claim 1 in [0016]-[0051] in Fig. 1-6), wherein the subsampling system comprises an observation cell, and the subsampling method also comprises a step of operating the second valve until a liquid is observed through the observation cell so as to transfer only the gas phase from the expandable cell to the expansion cell (See how the gas stripping column 24, the liquid level sensing cell 46, the gas purge chamber 36, or other components can be transparent to monitor the system in [0023]-[0027], [0038]-[0039], [0062] in Fig. 1; Also, see the various controller circuits in [0016]-[0051] in Fig. 1-6).
Thus, it would be obvious to one with ordinary skills in the arts to modify the method of Ungerer et al. by incorporating a step wherein the subsampling system comprises an observation cell, and the subsampling method also comprises a step of operating the second valve until a liquid is observed through the observation cell so as to transfer only the gas phase from the expandable cell to the expansion cell (as taught by Weres) for the benefit of observing or analyzing gas and liquid sample transportation and reactions in a system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art teaches similar devices and methods: Lelong (US4699886A).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITNEY N WASHINGTON whose telephone number is (703)756-5959. The examiner can normally be reached Monday-Friday 7:00am - 3:30pm CT.
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/BRITNEY N. WASHINGTON/Examiner, Art Unit 1797
/JENNIFER WECKER/Primary Examiner, Art Unit 1797